TBA Law Blog


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Posted by: Azya Thornton on Apr 11, 2025
News Type: Legal News

A former Tennessee state trooper is suing private prison operator CoreCivic after he was allegedly beaten by a cellmate at Trousdale Turner Correctional Center, The Tennessean reports. Nicholas Collins claims in the lawsuit that he was denied medical attention for more than three days following the attack, which required two surgeries for multiple facial fractures and left him with six metal plates in his head. In 2023, Collins was sentenced to more than six years in prison for aggravated domestic assault and vandalism. He alleges he warned correctional officers that his cellmate had threatened to stab him in his sleep, but no action was taken. A Tennessee Department of Correction report states the day of the assault the two men were “observed engaging in a physical altercation,” resulting in minor injuries to both, and both were charged with fighting. Collins is suing CoreCivic for negligence, seeking $1 million for future medical expenses and suffering, as well as $2 million in punitive damages.

Posted by: Azya Thornton on Apr 11, 2025

A proposal that passed the Tennessee Senate on Monday could add specific language to the state’s law that effectively bans abortion, Local Memphis reports. Sen. Richard Briggs, R-Knoxville, proposed SB1004, which initially required the state to report annually on gifts, grants or donations made toward constructing a monument dedicated to terminated pregnancies. The bill was amended to revise the state’s Human Life Protection Act, which currently allows abortion care only if a physician determines the pregnancy poses a “serious risk of substantial and irreversible impairment of a major bodily function.” The amendment would define that phrase as “any medically diagnosed condition that so complicates the pregnancy of a woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function.” Critics have said the law forces physicians to make legal as well as medical judgments. Rep. Bryan Terry, R-Murfreesboro, who introduced the House bill, said it was introduced as a way to improve the state's law after the United States Supreme Court overturned Roe v. Wade decision. The proposal passed the Senate in a 25-3 vote and must now pass the House before becoming law.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: Legal News

In a news conference outside the federal courthouse in Nashville, members of the federal public defender’s office and advocates said they have asked Gov. Bill Lee to pause executions until March 2026 to allow courts time to review the state’s new protocol. “This protocol is a sham,” said Kelley Henry, a supervisory assistant federal public defender who represents a number of people on Tennessee’s death row. “It’s a mere shadow of the previous protocol. They haven’t put in more safeguards. They’ve made it worse.” The governor responded to criticisms saying he does not plan on calling for a reprieve for all executions, but he does review each case individually, the Tennessean reports. "It was a lengthy process in making sure we had the right protocol here," Lee said. Four people are set to be executed this year under a new, single drug protocol.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: Legal News

Bass, Berry & Sims has announced that former state official Ginna Winfree Burrell has joined the firm as counsel and will lead its alcoholic beverage law practice team. According to the firm, Burrell will focus on federal liquor license requirements, regulatory and enforcement matters, and administrative hearings related to alcoholic beverage ordinances and statutes. A 2006 graduate of the Nashville School of Law, Burrell previously served as the assistant director and interim director of the Tennessee Alcoholic Beverage Commission (TABC). She also worked at Gullett Sanford Robinson & Martin and as a regional vice chair for the National Conference of State Liquor Administrators. Read more from the firm.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: Legal News

Tennessee Attorney General (AG) Jonathan Skrmetti and a bipartisan coalition of 51 attorneys general issued follow-up letters to nine voice service providers indicating it appears they continue to be in violation of state and federal laws by routing allegedly unlawful robocalls across their networks. The letters provide information about the work of the Anti-Robocall Multistate Litigation Task Force and analyses of each provider’s illegal or suspicious robocall traffic. The letters also warn providers that if they fail to act to cease transmitting illegal call traffic, the states may pursue enforcement actions. A press release from the AG’s office notes that one such enforcement action already is being pursued against Avid Telecom.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: Legal News

Two large law firms have reached preemptive agreements with the Trump administration to avoid similar actions taken against other firms this spring. The terms of the deals were described in social media posts from the president. Bloomberg Law reports that Milbank will spend $100 million on pro bono services, avoid what the president characterized as “illegal DEI discrimination,” represent clients regardless of political views and include partners with diverse political ideologies on its pro bono committee. Willkie Farr & Gallagher agreed to spend $100 million in pro bono work and affirm its commitment to “merit-based hiring, promotion and retention” and not engage “in illegal DEI discrimination and preferences,” the president said. The Associated Press has more on that agreement. Earlier this spring, the administration began issuing executive orders targeting law firms, beginning with Covington & Burling. One targeting Paul Weiss was revoked after that firm agreed to spend $40 million in pro bono services for mutually agreed projects, renounce partisanship in hiring and choosing clients, and use merit-based employment practices. Three others, Jenner & Block, Perkins Coie and Wilmer Cutler Pickering Hale and Dorr, have sued and won temporary restraining orders pausing parts of those orders. The ABA Journal has more on those cases.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: Legal News

Stewart County General Sessions Court Judge Andy Brigham is being honored for his service to CASA in Stewart County. A profile from News Channel 5 says Brigham worked to bring CASA to the county and has spent 14 years “giving a voice to children in need.” The piece concludes that “his dedication, humility and kindness make him stand out as a true leader.” A donation of $250 from Bart Durham Injury Law will be made to the organization in honor of the recognition. To nominate someone for the channel’s “My Hero” feature contact myhero@newschannel5.com.

Posted by: Stacey Shrader Joslin on Apr 10, 2025
News Type: BPR Actions, Legal News

The Tennessee Board of Professional Responsibility (BPR) has issued two new ethics opinions. The first, 2025-F-171, addresses the ethical propriety of a non-disparagement clause in a products liability case settlement agreement that makes the lawyers in Firm A parties to the settlement proposed by Firm B. The second, 2025-F-172, addresses limited scope legal services provided by a private attorney. That opinion states that attorneys may engage in limited scope representation so long as it is reasonable under the circumstances and the client gives informed consent, preferably in writing. Attorneys also must follow the Tennessee Rules of Civil Procedure, specifically Rule 11.0l(b) and (c) regarding disclosure of such limited scope representation. See all past opinions from the board. Update: On April 21, 2025, the Board of Professional Responsibility voted to withdraw formal ethics opinion 2025-F-172.

Posted by: Jamie Rhode on Apr 10, 2025

The 23rd edition of the Alimony Bench Book is now available. Published by the TBA’s Family Law Section, the book provides a ready resource for dealing with alimony cases in Tennessee. Current Family Law Section members can access their copy at no cost on the Family Law eCommunity page but must be logged into their TBA account. Others may purchase an electronic copy for $25 from the TBA Store.

Posted by: Azya Thornton on Apr 9, 2025
News Type: Legal News

Lateral hiring at law firms rebounded in 2024, with overall hiring up nearly 14%, according to the National Association for Law Placement’s 2024 Lateral Hiring Survey. The increase follows a two-year downturn and includes a significant rise in lateral associate hiring, which surged by almost 25%. According to the report, partner lateral hiring saw a 2% increase, while other lateral lawyer categories remained flat. Smaller firms, which appeared to capitalize on a reduction in lateral hiring by larger firms in 2022-2023, experienced a reversal in 2024, with hiring down 11%. Firms of more than 1,000 lawyers saw a 21% increase in hiring. The survey also revealed a continued trend toward remote hiring flexibility, though fully remote lateral hires remain rare. According to the National Jurist, legal experts note that the shift in hiring patterns reflects broader market adjustments, with large firms re-entering the market and smaller firms facing challenges competing for top talent.


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